HomeMy WebLinkAbout07-0436
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
lawoffice@epix.net
S & W PETROLEUM SERVICES, INC.,
Claimant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
No. 43" of 2007
v.
CITY LIMIT STATION, INC.,
Owner
: MECHANICS' LIEN
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
To:
City Limit Station, Inc.
1951 Herr Street
Harrisburg, P A 17103
City Limit Station, Inc.
1000 Lowther Street
Lemoyne, P A 17043
.tt"1.,;};J.$:1'1
You are notified that a mechanics' lien claim in the amount of$ 65,225.1~
plus services charges, interest and costs has been filed on behalf of S & W Petroleum
Services, Inc., against the land and improvements known as City Limit Station, 1000
Lowther Street, Lemoyne, Pennsylvania, of which you are the owner or reputed owner.
The claim was filed on January 19,2007 in the Court of Common Pleas of Cumberland
County, as of No. 0'7 - 43" f'l L!> A copy ofthe claim is attached.
D ~"UN<. ~7 ~
atej7M'~ r ./~T~-
3120 Parkview Lane
Harrisburg, PAl 7111
(717) 238-0434
Attorney I.D. #23705
Attorney for Claimant
Claimant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
; No. Lj3 (., of 2007
S & W PETROLEUM SERVICES, INC.,
v.
CITY LIMIT STATION, INC.,
Owner
: MECHANICS' LIEN
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Defendant. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
(800) 990-9108
A VISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en constra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DE BE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA
SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
(800) 990-9108
Date: ~ /7, 2-dd7
V" /
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. No. 23705
Attorney for Plaintiff
Gregory R. Reed, Esquire
3 120 Parkview Lane
Harrisburg, P A 17111
(717) 238-0434
lawoffice@epix.net
Claimant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
No. '13 ~ of 2007
S & W PETROLEUM SERVICES, INC.,
v.
CITY LIMIT STATION, INC.,
Owner
MECHANICS' LIEN
MECHANIC'S LIEN CLAIM
Claimant, S & W Petroleum Services, Inc., through the undersigned counsel, files
this claim against the land and improvements known as the City Limit Station, Inc. at
1000 Lowther Street, Lemoyne Borough, Cumberland County, Pennsylvania, for the
payment of a debt due Claimant, as a contractor, for labor and materials furnished by
Claimant for remodeling and improvements to the City Limit Station, Inc. In support of
the claim the Claimant makes the following statement:
l. The owner of the land and improvements, is City Limit Station, Inc., a
Pennsylvania close corporation, has a principal office address of 1951 Herr Street,
Harrisburg, Pennsylvania 17103.
2. The improvements and the property which are subject to this claim are a
gasoline/service station and land at 1000 Lowther Street, Lemoyne, Cumberland County,
Pennsylvania.
3. The labor and material for which the debt is due were furnished
pursuant to a verbal agreement with City Limit Station, Inc., which agreement was later
reduced to writing, a copy of said agreement being attached hereto, marked Exhibit" 1"
and incorporated herein by reference.
4. The labor and materials for which the debt is due consists of tank top upgrade,
removal of old tubing, installation of new tubing, destruction of gasoline islands,
construction of new gasoline islands and improvement to the existing structure. The
labor and materials were a substantial improvement to the existing structure.
5. Claimant completed the aforesaid work on or about December 12,2006.
There is remaining due and owing a balance of $49,225.14 and claim is made therefor.
Dale:n )7,- ;26u}
regory . Reed, Esquire
Attorney for Claimant
3120 Parkview Lane
Harrisburg, P A 17111
(717) 238-0434
Attorney J.D. 23705
January 11.2007
Phone:
(7 t 7}-766-333 t
Web Site: SWPetroleum.com
S&W
PETROLEUM SERVICES, INC.
134 Meadow Trail
DiUsbut'g, PA. 17019
Fax:
(717)-766-8139
Email: SWPetroleuminc@adelphia.net
We propose the following:
Modification:
:> Call one call before excavating.
> Prepare and submit 30 day notice to DEP.
.,.. Saw cut concrete and blacktop areas to be excavated.
:> Excavate area over the tanks and remove existing piping.
)> Perform necessary soil sampling.
:> Supply and install new APT double walled piping with sumps at each eod to new islands.
~ Supply and install new fills and all manholes required.
:> Supply and install four new islands.
:> Supply and install all necessary electrical to the new islands and pumps..
}. Reinstall existing pumps in the tanks which now will be regular, premium and diesel.
}> Supply and install necessary components for the tank monitoring system and sensoIS.
:> Supply and install four new Wayne Ovation dispensers on the islands.j
:> Supply and insraU a Ruby system.
:> Supply and install all necessary stone. concrete and blacktop material.
)- Start up everything and prepare and submit all necessary paperwork to DEP and L & I for the new
system.
Time and Material Dot to exceed TOTAL $140,000.00
Note: Job will be done at time and material and will be invoiced actual cost at completion.
REGULATION CLAUSE: All of ~ Ibov~ ....iD be done in accordance with all PetuI$ylv..ua ~t of Environmental
PIorection (DEP). Swe Police F"lJ't MarsbaI (PSP). Federal Department oCEnvitOl'IIIleotal Prosection Agency (El'A.). National Fire
Protection Association (NFPA), Ameriean Petroleum Institute (API), Occuparional Safely :and Health Administration (OSHA).,
Pctroletm Equipment lnstinne (PEl). and all Manufiocturcr.s regulations and quidelioes.
POLLUT1CN CLAUSE: Removal oCtile rani: bottoms, contaminated ground. contaminated water. spoils. or 2ny other ~"1ISte or
ha23rdous waste will be billed as llIl extra time and material charge eonsin.cm "ith lI$~d 0Mcs. Hazardous waste can /'lot be
tetn<Wed fi'om any sire where it i$ ;cnc:~ lIl1ti1l1le waste is properly manifested 2nd all S_ and Fedcrallll\YS and regulations are
complied witJI. S &: W Petrolewn Services, me. \>1111 not be respoosible Cor the waste removal. We can howeveT supply all options
available md . list ofllccnsed TSD facilities capable of handlinz yo"r waste disposal
EXCA V A TING CLAUSE: ExCllVlldoD QIIOIlIIlOm are bMed on normal soil conditioD$. In 1he event any uadergrouod stl'UCtures.
mles. conduil debris, roclc. WIlIer, or n.mnlng sand Is encountered. destroyed. or damaced durin: the l'Crformanee of the C<lIIrract. S
&: W ?ctmlcllm ~~ rll~ d'lltll _ hfo hf!ld ""~""","h1,, .. Al1ilmnn..J N'\ck _ultino .hAII ""'............ ....,...... '''...._ h... 01.011 In n"
LAY.! U~,~u~~ !~~j~
UlAYYlLLL I H~~ 'iJJdJ"JU~1i~ l~ ~ 3.iJJO~! L.L.U l.~,.Ll.LV
EXHIBIT "1"
case exc:eed el(iSlin~ rate $(:al~ for labor and matclials had the quotation ori:inally been bll$Cd on time and material basis.
Mechanical compaction of bacld111 i$ not included in the proposal unless ~ified. Finished zradt$ ~ to bo: ~tablished and verified
by the owner.
RELATED WORK: Labor. materi~ equipment. and outside services for el.JCtrical. concre1e. asphalt pavin;. roc:k r(:lTlQval. or S(WCf
work are not included in this proposal unless specified othetwise. If contamination is encolltlU:red all requUed analy'!' III1d l.ocr for
removal are an eKtra as time and rnauorial basis to be paid by UIC 0"'1l~. If not specified above in the proposal men it is not included
and falls under this clause and arty labor. equipment, and materials neelkd would be an extra at time and material rates consistent
with associared rates at the time of contract.
STANDARD TERMS A.,\LD CONDITIONS
I. Acceptance. This proposal. when accepted by Purchaser. will constitute a bona nde contract, subject to these terms and conditions and
approval of Seller.s credit manager. Delivery ofthe materials/equipment herewith, installation of the specified equipment. Purchaser's acceptance
hereof (eithtr in writ~ or orally in person or oVer the telepoone). and/or the issuance of an invoice, constitutes a binding lICeeptanCC by Purchaser
of this propOSal herein. This a;reement is the entire undettaking of the parties for the ~Ilbject matter hereof. and then: arc no promises. agre~ents.
or undetsta1\dings, onI Or written. not ~pecified herein.
2. Prices: Tenns of Sale: Credit
a. All prices are quoled In good faith: howeV"er. tiom time to time, manufacturers may cl1ange prices without notice prior to shipment. we may
qUOte an lnoormc:l price.. or applicable laXes may itICtease. in \"hich case any price or In increase may be added to Purchaser'~ price.
b. All paym:na arc to be made to Seller attht address and pOl'Stlant to the lermS on the oppOsite side. All credits and tenns of sale must be
approved by Seller's Main Office lit the time of the onfa and are slIbje<::. to review lb\d approval d\Jring the life of any contracl A fjnan~ chllfge of
I !/z% per month (18% per year) may be char:ed on any unpaid balance: remaining lit the end of every 30 day period If p~nt is not made
promptly who;n due. Purchaser must pay all CO$lS and expenses of collection, includm; reasonable: attorneys' fees. A time payment plan can be
arranged only with advanc<; approval by Seller's Main Office. Seller may revoke lilY credit extended to Purchaser because of its failure to pay
""hen due or for any otha- reason.
c. Pureha<ier shall be responsible lbr and shall pay all ~s, 11$(, excise. governmental surcharge. and other taXeS (including penalties and
interesl) levied in conneation with lIlis 5aIe. The Stared pric~ do nol include: applicable taxes unless specified. and Seller may charge (or same by a
sub$cqucnt or supplemental invoice.
d. Purchaser hereby grants lIIld Seller retains a purchase money security inlCreSt in said products/equipmelll, including tht proceeds lheretiom.
fOr the purpose of $CCllring Pufehaser"s obligation to make pa)ment in full. until payment is received in AUI in ClISh or colleOlCd funds., at which
time the security intefC$t shall cease, Seller may. at its option. repossess the produc1Slequipment upon Purchascr.s oefault in payment, and charge
Putchaser with any def'idcncy. Purcha..<er agJeC$ to cxecute upon dellWld appropriate flll3nCing stBlemcnts for pc;rkcting this security interest. If
the work is to bt performed on propert)'not owned by Purehascr. upon Seller's request. Purchaser shall provide a Landlortl.s Waiver in a form
acceptable to Seller.
3. DelivCl)': Shipment Terms: Freight Damage: Claims.
a. Shipping dates are approximate and are contin:ent on tire. accidents. strikes. floods. l\'l8I\UfftCIDrCr production schedules. installation
schedulC$ and coordination of trades. transportation delays. Or other causes beyond Se/ler.s control. Sdler win exert the utmost eff,.,. to perfonn
satisfactorily its shipping obliglltiOl1S and ~et installation schedules. but shall not be I iable for delay for any reason or for damage in transit o{ any
matetiak furnished. Seller may make delivery in ln$tallments, which will be separately invoiced..
b_ The shipping terms. including the F.O.B. point (such lI$ .'Shippcr.s dock" or a designated destination). must be indicated On the face of:his
proposal. The shipping tenns should also include whether freight is "collect" or to be '.prepaid and add. ~ IC these terms are not indicated, they ma)'
be chosen by SeDer. Whenever merchandise is delivered 10 the designated F.O.8, point, a common carrier (by mallufaetutet Or Stller). or is
received by Purchaser, \\ollichever is earlier. Seller's responsibility ceases and full risk ofloss (inCluding lnnSpOrtation delays and losses) and tille
passes to Purchuer, and Purehaser shall be liable to Seller for tbe 1\111 price of the merchand~. Oc:livcry to Scller's plant {or purposes of
convenience. coaofmation or price proccetion shall be considered "deliv-eryU for invoice purposes.
c. If any dImtge is evident upon dc:Iivc:ry, Purclttl$Cf must make a notation on lIle freight bill of l3ding and ~c the carrier's Agttll sign upon
deli~ery for claim record. P\lrc~ mllSt immediately notify Seller and tile a claim with the carrier. as Seller lI$$umes no responsibility for goods
damaged in shipment. Shortages and hidden damages or defects to goods must be reponed to Seller and carrier within 30 days of receipt of
shlpment_ The quoted prIcts do not include the cost of IIlIloading. which is Purchaser's responsibility.
4. (nsuranoc. Limited WattaJ\ly. Indemnity and Hold HlImI\ess.
a. Seller does not emnd warranties to "lltChaser! of malerillls Ind equipm<=nt. The produc1S sold by Seller may be warranted by the
manufacturer of the produce but only to lilt tXtttlt of any W&TaJUy otreJed by the manufacturer. Purchaser shall register equipment warranties with
lbc manutacturer. M.~Nl;I'ACTUJlER OR SELLER !fA ve NO UA81UTY WHATSOEVER fOR INDIRECT. SPECIAL. lNCID~A.l OR C()JSEQl,;DIT1AL
DAMAGES. includinl but not limited to lost profits.. do\m time, loss of material or product. clean-up costS associated witb loss of product. or
damage to otherequipmenl unless said ~e orloss is proven to have: been caused by Seller'uole negligence. No warranty is extended where
eq\lipmcnt is improperly installed by Purchaser. its employees or contractor. ScHer rcpn:senIS that It Will convey good title to lIle ilCms purchased.
however. txcqlt a:; modified in tile next paragraph. SELLER MAKES NO OTHER W ^JUl.",-,'ITY Of ANY IC.IND WHA TSOeVElt.. EXPRESS OR IMI'Lllo. AND
....lL !MI'U1!O WAIlRANTlI!S OF MEIlCKANTA9/(.rt'Y "ND FITNESS fOR A PAATlCt;lA.~ 1'1l1U'OSJ:; AiU: HEREBY DISCLAIMED BY SELLER.
b. Seller Cltttlds l.O Purchaser ..limited wanmty for SeUe:r.s work perfonned under lIlis proposaJ that such work will be rendered in accordance
with good c()mmercial pl1lCtice for a limited period of 90 da)'l from the date of Sellc:r's completion of such worlt. unless otherwise required by
applieablc law: HOWEVER. IF ()(f1UNQ THIS 1'UJ0b. -rnr:1U!. IS A M.\!.J't,."NcnON oue TO SELl.E!t.'S IMI''fl.Ol'Eft Oil S(';BST.~OAltD PERI'ORMANCl::.
SEI.t.ER:S llABIUTY tS UMlTED TO THe COST Of' t.E1'..../1l Olt.IU!.I'LACI!M!!NT 01' SUCH EQIJ'PME:-rr (PIlOVlDE;O TiiA T SfLl.t1l1S GIVE'! THE OPTION Of
I'EIlI'ORMINO SliCH REPAIR OR R:l>'LACEMENT WOIU(). TlilS llMITfD W AltAANTY IS Nt;LL .","1) VOID r.>I THe ~V&'IT nv. T TliE !'URCH^SElt OR.\ THI RD
P.-'JtTY I'ERrOR."'s SUBSEQL:ENf WOR.'<. ON THE EQt.1I'MENT lrolST ALLED Ok UI'MIltD llY SfllER. UNDER NO CtllCUMSTANCES IS seLLER LIA8t..E roll
INDIRECT. SPECIAL. /NCIOE"'TA!. OR CONSEQl.~I!AL i).u.(,>,GES, INCL(,'DING BUT NOT llMlTU> TO lOST P1tOI'ITS. DOw:.! TU.<Ie. lOSS OF MATElUAl OR
PROOlJCi. CLfAN-t..1' COSTS ASSOCIATED wrTH lOSS OF ~ROOUCi. OR .....\1"( DAMAGE TO t.QUIJ'M~ NOT SI!:RV~I!D. It.I!PAlltEtl. Ort JI'ST....L1.EO 8Y
SELLER.. IN THE ~ TKA T SEtI.Dl SHAtt BE l.JABU! TO l'\iltCHASER. FOR OAMAOES AI'.tSlNO lJNDEIl Oil IN CONNECTION WITH THIS AGkEEMENT.
WllETHElt ARISING BY Nt;GLl()~CE, lNTa(Dl';D COl-lDt;CT (IlUT NOT INTENTION.-\!. MISCOZ-;OUCT) OR OTHERVt1Se. tUltCflASElt MA '( UCOV~R lROM
~f.tLE!t ITS DIRECT DAMAGES l'o;OT TO EXCEIro 11IE A(J(lR.EOA T€ AMOV':'JT OF 1'tJIlCHASE I'JIJC'!! PAID BY Pt;ltCH."'-SElt FOR THE I'AIl'l'lCVl....1l. OOODS O~
2
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SERVICES TO WHICH ^ CLAIM OF LIA9U.1TY IS I',SSEll.TEl>.
c. Purchaser ~rees ro hold Sellerlwmt<:ss from and defend and indemnify it against any of Seller', or PuNllaser's losses in cOMection with
any prOperty damage, per.;onal inj\ll)' or cIealtI. whether same relares to any claim. penalty. or Me by 1;ovc;ml'O(nt agency for polluclOtl.
environmental damage, clean up, or othelWisc. or W~r any claim is made by any third p8l'ty ~nst Seller or Purchaser or said damage,
perSonal injury or death is claimed or sustained by PIlrchllSel' or made against Purchaser Or Seller in connection thcrcwilh, inclU<ling but not limited
to dam~s. costs. expenses, and attorney's fees. except to the cxtellt that said damage, pe~l\a1 injury or death is proven to have bec;n caused by
Sc;ller's sole negligence. Whett a penalty. tine or claim 10r poUution dam~e or cleanup is made against Seller in connection with installation of
mau:rials or equipment. Purchaser agrees to hold Seller harmless from and defend and indemnify it against same.
d. Seller shall have NO UA8o.JTY umkr this warranty if equipment malfunction Or other proble01$ rcsl,llt, directly or illdir~tly. from accident
(not caused by Seller), subsequeftt worlc on equipment by Purchaser Or !hird patty. impropey- OptrlltiOIl of equipment. ina4c:'ll,late mainrcnanee.
and/or failure rn proteaproperly the equipment from environmental hazards. Seller does not assume any liability and Purch~r llgr= 10 hold
Seller lwmless !Tom and defend and indemnify Seller for losses or claims for tank(s) that emerge from !heir set position and/or are lo~ after
insta1lation due to improper ballasting. ground \Vater. high w:ner tablM, or hydrostatic prc~c. I,IJIless proper anc:borage is provided for ~~ the
terms of this proposal, and Purc:lJascr shall at all times provide adequate ballast.
e. No EMPlOYEE OR REPRESENTATIVE OF SELLEIt IS A(;T!iORlZEO TOCHANOE THIS W_'R.RANTY IN A.'lY WA Y_
r. Plll'Chaser will defend and indemnify Seller against any claims for damages or profits arising lTom infringements of patent$.. designs. traoX
secrets. copyrights. trade nam~. and/or trademarlts with respect to goods manufactured. either in....ilole Or part. to Purchaser's specifiations.
Seller 15Surncs no lIablliry COrsales engineerin: or application information extI:ndcd by its personnel: Purchaser agrees to hold Seller and its
repr~ntatlves haPnless ft-om and indemnify them a,pinst any and all claims. losses.. suits, damages.. judgments., and costs. whether direct or
indirect. or by reason of any reliance upon said representations concemine sales. engineering or application information provided by Seller and/or
its represent3ti"Yes. .
g. Seller shall maintain workerS' compensation insurance covering Its own employees. Unless otherwise specified. Purchaser shall maintain
gClleralliability, eompleted operations and builders' all risk insurance. and shall meet financial respoosibility requirements of federal and st3le
StO~ tank rcl;Ulations sufficient to protleet against claims that may arise under this proposal. UnlcS$ otherwise: speeified, Seller shall nOI be
required to obtain fidelity or surety. bonds, and tlae cost of any such bonds may be added to the price.
h. Seller. in furnishing services hereundt:r, is IICdng only lIS An independent contractor. Seller does nOt undertake by this a;rc:ement \)r otherwis<:
to perfonn any obligations of Purchaser, whether rl:!ulatory or oontraetual. or to assume any r~nsibiliry for Purchaser. s business or operations.
S. Cancellation and Return of Goods. Purchaser may eancel an order Qnly upon advan<<: WJ1tta1 approval of Seller and provided Purchascr pays
the freight d1arg~ and Seller's reasonable cancellation and re$lo<:kin~ ch~cs. b~d in pan 011 mAnufllttUm's charges. No merchandise is
returnable without Seller's advance written COnser\t. with shippin~ instnlctions furnished, ~ no merchandise will be accepted for credit without
Seller's written authorization. At the option of ScIler, retum of material prior to reetivin: Seller.s approval will result in material remaining the
property of Purchaser, and it will be stl)rcd at Purchaser's risk and expense_ [fSeller accepts the material in return for credit. a hanclling charge
based in part on acceptance of the material for return by the manufacturer will be charged. and nO credit will be issued to Purchaser until crcdit
from the manu(lICtW'er i$ received.
6. GovemmfS'ltal Compliance. l:nvirorunental compliance: is Purchaser's responsibility. Its failure to comply strictly with applie..ble federal.
statc or local requitemenlS, rules and/or regulmions (including but not limiu:d to those applicable to notice) shall oomplctely void all express Or
implied warranti~ of Seller. It is Putehastr's responsibility 10 report any invcmory shortage or suspected releases to federal, state and all other
3l1thoritics having jurisdiction and to Seller or a cettif.ed tank handler within 24 hours of (lO<.""WTence. P\lrchaser agrees to hold Sellerhannless from
and indemnify IDd defcDd Seller against any claims or liability relating to Purchaser's fajl~ to comply strictly with all fe~. state or local
environmental requiremems, rules and/or fCgIllations. including th05~ applicable to notice. Unless otherwise specified herein, Purc/Iaser Of its agent
shall l'umish state fire marsh.an permit, if required.. and aJl otller pCfTTlits.. licenses. inspection fees or approvals, ...bether required by t'edcral. state
or local regulations. Purchasershall resister all new tr replacement regulated storage tanks in accordance with applicable Stale and local
regulations. Purchaser represetlCS that no eo1'lsent. approval. or authorization, declantlon Of filing with any third party or gO\'emmental agenCy is
required in connection with the pelfonnance of die Pw'cl\aser' s obli gations hereunder or to pcrn1it Seller to perform its obI igations hereunder. other
Iflan thOSA: approvals Jhllt have been previously obtained by Purchaser.
7. Manufacturer Inlbrmation, Seller will provide mllllufactul'er's product infomlJllion and installation instructions for infonnational purposes,
buc makes no representations rcgstding such ipformatiori.
8. Testing. Unless otherwise specified herein. Seller shall perfonn aJllestiIlg required by government regulations concerning the inStallatioJl of
equipment installed by Seller under this agreement (not including product testing). Mry other reqllired testing shall be the fCsponsibility of
Purchaser. and all costs to perform said teslS Shall be p~ by Purchaser unless othetwise specified in wrilin:.
9. Hardware/So!twate Compatibility. In connection wirh rhis proposal, Il1e parties assume that any fuelin& S)'stem h.-dWlYe and software
supplied by Purchaser Is inherently con\J%!tible and requir~ only routine start-up and programming. If on start-up, it i$ discovered thfllthe
hardware anellor software Is II<< complUlble or has Innate deficiencies that requiTe additional configuration or ~rading. Seller will be held
harmles$ ft'Om any re$Ultipg delays in completion of the work. and shall be entitled to full p~t of the Contl3Ct Price.
10. Administrative Provisions.
a, Changes, This agreement I'llllY be amended at the request of either p8l'ty from time to time by written Change Order signed by bOth parties.
sening forth the paniculv chlClgcS to be made and the effect of such chan~es on the price and on the time of completiOll. subject to Seller.s
approval. A d1ar,;e may ~ made for chanFS In drawings llIIdlor specifications after PlJrchaser and Scllcr have prtVious/y agreed IJlX)n same. The
tOlal charge win include order reprocessing costs. additional material and labor costs. The loral ehar;e for these cbwlges will be lIgrted to after
receipt of written PurchaseT authorization or direction (or tbesc changes.
b_ Rccordkceping. Purcbaser is responsible to keep daily accurate invcntory records on produCtS stored ill tanks, lines, and dispcnsini
~uipment. In the C\.ent of a shortage within 30 days from date of installation, Purchas<< shall immediately notly Seller. In nO event shall $dler be
responsible for shortages. clean-up or related costs incurred for said sho~es prior to notification. Notification must be made by telephone
COntaCt. immediately followed by wrilten eonfinnation.
c. Contingencies. Seller wil be CllO\ISed from performance under this ~reement and ",ill ha~ no liabil iry for any period it is preven<<:d tTQm
perfonnirlg an)' of its obligations. in whole or in pan. lIS a result of &18ys caused by the Purcl1J1!Cr or a third party or by an Act of God. war. civil
disturbance, fire, floocB. ftost. manufacturers' production Schedules, inSlallwOll ~hedules and coordination of trades. delays in transpQftatiOIl. ACtS
of go"emment ~eies. accidents. court order, labor disputc. third patty performance or nonperformance, or olher cause beyond Seller's
3
~8S-~ v00/E00d E69-1
6Et899l.L rL
^HS W0310H13d M ~ S-WOH~ Lr:2~ L0,-",[",[-",[0
reasonablc control including failures Or t'Iuctua1iOI\$ in electrical pow(\'. heat. light. or telecommunications. am;! slX:h nonperformance shall not be
a default hcrelllldcr. or grounds fot tennination of this lI3I'Ccmelll
d. Seller may take photographs and video recordin! of aU aspect:! of exca'VaEion and inst8\lation.
11. NOTICE OF LIEN RIGHTS. To PllOTJ;CT ...u. PAATlES. A MeCKAMCS LID/WilL !IE AUTOMA TlCAlL Y FIU;O WHERE I'A ,(MENTIS NOT
~Elvro ...CCOR.i>INO TO THE TnMS OF nns AOREJnoIE!.'T. SEt.LEIl, RWBY NOTIFIES ?t,'!tCH.o,Sn THAT PI!R.SONS OR. COMPAJo/IES F'l."R.~ISl-JNO
LABOIl Oil MA~Al.S fOR THe COI\'STlltiCTION ON PuRCHASER'S l,.ANJ) MAY JiA VE I.ISNRtGHTS ON S....1O L.....SD .~"ID Buu.OJNOS IF:-IOT I'~(O. THOSE
ENTITLED TO UEN JUGHTS IN AODlTtON TO SeLLU.. AIlE THOS!! .,,\'HO CQNT1V,CT DIRECT{. Y WITH PTJltCliASU 01'. TKOS!! 'WlfO arVE PuRCHASER
NOTICE WlTHD/60 DAYS AFTeR THEY fiRST ft.IRlII1SH L...80R OR MATElUALS FOR. TH1;; CONSTRUCTION. ACCORbINOL Y. Pul!.CH.'\SER i'RO."..!SL Y \\.1LI..
RZCElVE sonCE fROM THOSE WHO PlJIINISH LABOR OR MA ttRlALS FOR rHE CONSTRl;CTION. AM) SROt,"LI> GIVE A COPY Of fACli NClTIer. R::C~!\(I!D
TO HIS MORTGACE LENDER, iF A'IN. SELLER AGJl.EES TO COOf'ElV. tt WlTIi PuRCH.-.sER AND HIS LEl'.'DEIt., II' NfY, TO SEE THAT ALL 1'00000'TV.L UEN
CLA'MAJIITS AA.E OO'L Y PAfD.
11_ Enforceability/Sevtr.lbility. Non-Waiver and Non-Assignability. (f any of the provisiollS hereof shall be deemed menforccablc by rell50n of
law OT court rul~ the remaining provisions shall be deemed enforceable. Any walvcr of a breach of this agreeMent shall not be constIued as a
waiver of any OItaer breach. P\lrcllaser may not assign this agreement Or any ri~l$ hcrclUldcr. in wllolc or part. without the prior written consent of
Seller.
13. MANDA TORY MEOlA nON AND CHOICE OF LAW A.\ID FORUM. ANy OlSPtJ'n !NVOt. vrno na ell'ORCIlMtNT Ok OOWRET A TIOIII Of
nas AGRSEMENT IS SUBJSCT TO MANDATORY. NON-BINDlNO MEOr" Tl00'l/ UNDER THe: CONSnUCTtON (N'O(!STllY r.f"cl>!A TION RULllS or THE
A.\lERJCAN .~lTllAl1ON ASSOCIATION. 'tilt COST Of' WHICH IS TO BE BOR."IE BY TI{E PARTIES EQt:Al.L Y. I'ltlOR. TO EmfER P.UTY IlA "11\'0 TlIIt lU(i1{1'
TO FILE." LEGAL ."COON. THE PlACE OF THE MEOlA TlON SHAl..L Be IN TH! COUl."TY OF THE SalER'S HOME 0f'FlC2 Olt TIlE 10B SIn;. All of the
proVisions hereof and of all reSUlting orders lUl: to be governed atld construtd under the laws of the state of seller's home office (stated on olher
side). and tht coutts ot'said state shall havc sole jl.lris<liction over any dispute concerning this agreement
SIGNED
e opportunity to submit this proposaL
DATE 1//YCll-
Authorired Signarure:
~~
Note:
--- This proposal may be withdra'l>.!J\ by us
if not accepted within 30 days.
4
r89-d P00/P00d ~69-1
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AHS wn310H13d ~ ~ S-WOHd 8r:Zr L0,-tt-t0
VERIFICATION
I, C. L. Sterner of S & W Petroleum Services, Inc., hereby verify that the
statements in the foregoing Mechanic's Lien Claim are based upon information which I
have provided to my attorney. I have read the Mechanic's Lien Claim and the allegations
are true and correct to the best of my knowledge, information, and belief. However, the
language of the Mechanic's Lien Claim is that of counsel, and not my own. To the extent
that the contents of this Mechanic's Lien Claim are that of our attorney, I have relied
upon him in making this verification. I understand that the statements therein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Date~ - \'\ --0'1
By:Q~<~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00436 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITY LIMIT STATION INC
VS
S & W PETROLEUM SERVICES INC
TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM
was served upon
CITY LIMIT STATION INC
the
OWNER
, at 0935:00 HOURS, on the 25th day of January , 2007
at 1000 LOWTHER STREET
LEMOYNE, PA 17043
by handing to
KAMAL COLLOTIE, MANAGER
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing His attention to the contents thereof.
Sworn and
6.00
14.08
.00
10.00
.00
30.08~
:1.}lo/01 ~
Subscibed to
So Answers:
?9"~~":""
R. Thomas Kline
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
before me this
day
02/06/2007
GREGORY REED "-
By: -r:~~
(7:4- De lit)" Sh iff
of
A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-00436 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
I
CITY LIMIT STATION INC
VS
S & W PETROLEUM SERVICES INC
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER
, to wit:
CITY LIMIT STATION INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within MECHANICS LIEN CLAIM
On February 6th, 2007 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin
Postage
l~:gg s~~
10.00 R. Thomas Kline .
County 29.25 Sheriff of Cumberland County
1.26 (l
67.51 ../' 2/15/61 ~
02/06/2007
GREGORY REED
Sworn and subscribe to before me
this
day of
A.D.
~'
In The Court of Common Pleas of Cumberland County, Pennsylvania'
I S&W Petroleum Services Inc
vs.
City Limit Station Inc
07-436 civil
No.
Now,
JanUq;ry 24, 2007
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r~rJ<C~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
copy of the original
a
and made known to
the contents thereof.
So ariswers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of , 20_
COSTS
SERVICE
:MILEAGE
AFFIDAVIT
$
$
@ffitt of t4t ~4P:riff
#
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
..'
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
S&W PETROLEUM SERVICES INC
vs
County of Dauphin
CITY LIMIT STATION INC
Sheriff's Return
No.0129-T - -2007
OTHER COUNTY NO. 07-436
AND NOW:January 30, 2007
at 8: 35AM served the within
MECHANICS LIEN CLAIM & NOTICE
upon
CITY LIMIT STATION INC
by personally handing
to MANMOHM VIAK, MANAGER
1 true attested copy(ies)
of the original
MECHANICS LIEN CLAIM & NOTICE
and making known
to him/her the contents thereof at 1951 HERR ST
HBG, PA 17103-0000
Sworn and subscribed to
before me this 31ST day of JANUARY, 2007
So Answers,
JK~
~
Sheriff of Dauphin County, Pa.
'/-<~ A ~
~~ '
By --
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
Deputy Sheriff
Sheriff's Costs:$29.25 PD 01/26/2007
RCPT NO 225925
STRUBHA